WASTEWATER TREATMENT PLANT UPGRADES REQUEST FOR PROPOSALS PROJECT/CONSTRUCTION MANAGEMENT SERVICES CITY OF READING, PENNSYLVANIA

Table of Contents Proposal Submission............................................................................................................3 Existing Wastewater Treatment Facilities and History .......................................................3 Existing WWTP Flow Schematics and Layout ...................................................................5 Consent Decree and Treatment Alternatives .......................................................................6 Additional Considerations for WWTP Design ....................................................................7 Sampling Plan and Plant Sampling Locations .....................................................................8 Records Retention and Confidentiality................................................................................8 Scope of Work .....................................................................................................................8 Program Management..........................................................................................................9 Construction Management .................................................................................................10 Additional Services............................................................................................................13 Proposal Requirements ......................................................................................................13 Technical Proposal.............................................................................................................13 Fee Proposal.......................................................................................................................14 MBE/WBE Utilization.......................................................................................................15 Proposal Submission..........................................................................................................15 Proposal Schedule..............................................................................................................16 Pre-Proposal Meeting.........................................................................................................16 Individual Tours.................................................................................................................16 Authorization of Invitation ................................................................................................16 Preparation of Proposals ....................................................................................................17 Modification or Withdrawal of Proposals..........................................................................17 Right to Reject Proposals ..................................................................................................18 Disposition of Proposals ....................................................................................................18 Questions Regarding Specifications or Proposal Process .................................................18 Minority and Women Business Enterprises.......................................................................19 Equal Employment Opportunity .......................................................................................19 Employment of Certain Persons Prohibited.......................................................................20 Subcontracts.......................................................................................................................20 Independent Proposal ........................................................................................................20 Evaluation and Selection Process ......................................................................................20 Execution of Contract .......................................................................................................21 Contract Alterations or Modifications ...............................................................................21 Manner of Payment............................................................................................................21 Contract Termination .........................................................................................................22 Rights upon Termination of Contract ...............................................................................22 Dissemination of Information ...........................................................................................22 Ownership and Use ...........................................................................................................22 Insurance ............................................................................................................................23 Insurance Limits Requirements ........................................................................................23 Taxes ..................................................................................................................................24 Observance of Laws, Ordinances, and Regulations...........................................................24 Non-Collusion Affidavit ...................................................................................................26 Non-Discrimination Statement ..........................................................................................29 Payment Bond....................................................................................................................30

The City of Reading is requesting proposals from firms for project management services involving the provisions of technical and management services in connection with projects and actions associated with the City of Reading Wastewater Treatment Plant Project. A. Proposal Submission Proposals are to be submitted as discussed in the following pages by Tuesday, April 15, 2008 at 2:00 PM. Proposals received at the Office of the Purchasing Coordinator after the hour specified will not be considered. B. Existing Wastewater Treatment Facilities and History The City of Reading owns and operates a regional wastewater treatment plant (WWTP) on Fritz Island which is designed to treat 28.5 million gallons per day (MGD) originating from fourteen municipalities. Fritz Island is an island formed between the Mifflin Arm of the Schuylkill River, the Schuylkill River, and the Angelica Creek. The original WWTP was constructed in the late 1800s on the opposite side of the Angelica Creek from the current WWTPs Fritz Island location. In the late 1800s, the area selected for the WWTP was more rural than the urban area of the City. As such, the City constructed the 6th and Canal Street pumping station in that same time frame to convey the flow across the Schuylkill River from the urban center of the City to the more rural area where the treatment was to occur. In 1929, the City moved some portions of the treatment plant and constructed a larger facility on the current Fritz Island site. During the 1929 construction, a pipe was laid to convey the original WWTPs primary clarifier effluent to the current location. To do so, this line crossed the Angelica Creek to transport the partially treated wastewater to the four newly constructed square fixed nozzle sprinkling filter beds. With the growth in the City that occurred leading into the 1950s, the City evaluated their needs and determined the need to sewer additional areas which would require the construction of two additional pumping stations. The 19th Ward pump station was constructed to convey flow from a portion of the City near the Spring Township and Bern Township borders. This flow is conveyed via force main and crosses the Schuylkill River in the northwest section of the City and continues by gravity into the 6th and Canal Street pump station. The 18th Ward pump station was constructed in order to convey the wastewater from a section of the City in close proximity to the WWTP but at a lower elevation. At the same time, the City re-evaluated the primary treatment occurring at the original WWTP and the secondary treatment occurring at the Fritz Island WWTP. This resulted in all wastewater treatment processes designed at the current Fritz Island location. The 1959 construction included primary clarification, two rock media primary trickling filters, the reuse of an original clarifier and construction of one new clarifier for intermediate clarification, the construction of a pump station to convey the flow from the intermediate clarifiers to the two newly constructed secondary rock media trickling filters, three final clarifiers, and a chlorine contact channel prior to discharge of the 3

treated effluent to the Schuylkill River. For the solids handling, this construction included two elutriation (gravity thickener) tanks and two primary and one secondary digesters. All solids removal from the liquid process occurred in the primary clarifiers. The solids removed in the intermediate clarifier and final clarifiers were conveyed back to the head of the plant to be removed through primary clarification. The plant as constructed in 1959 was designed to treat 15 MGD. Of note, in this general time frame if not before, the 6th and Canal Street pump station included mechanical screening to remove large solids, as well as, a grit removal system in order to protect the pumps conveying the wastewater. These same processes for the flows received from the 18th Ward pump station, were built into the grit chamber facility adjacent to the original WWTP site. For this reason, the effective treatment of the wastewater actually begins off site from the present WWTP. As growth continued within the City limits and in the suburban area surrounding the City, outlying municipalities expressed their desires to have wastewater treatment capacity at the City of Reading facility. Intermunicipal agreements with many municipalities were developed in the 1950s in order to adequately treat the wastewater from their residents and this capacity was included in the design for Readings Fritz Island WWTP. The continued growth of the City and surrounding suburban area began to create problems at the WWTP as evidenced by the then Pennsylvania Department of Environmental Resources (PA DER) actions. Determinations were made as to the volume and strength of flow projected from each of the municipalities and from within the City limits. These projections became the plant basis of design for an upgrade which had construction beginning in approximately 1986 and completed in 1988. This construction continued to have the one tank from 1929 and the tanks and trickling filters from 1959 remain in service. The plants 15 MGD design capacity was increased to 28.5 MGD with the addition of one primary clarifier and one plastic media trickling filter which could be used as either a primary or secondary trickling filter. Intermediate clarification was increased by converting one of the original final clarifiers to an intermediate clarifier and constructing an additional intermediate clarifier. From the secondary trickling filters which remained as is, the flow was pumped to three new tertiary clarifiers followed by an innovative fixed film contact aeration system designed for ammonia nitrogen removal. One additional final clarifier was constructed. The chlorine contact tank was also modified to provide for better disinfection prior to discharge to the Schuylkill River. With regard to the solids handling, the original secondary digester was converted to become a primary digester and two new secondary digesters were constructed. During construction of one of these digesters, it was discovered that this was being constructed over an abandoned mine shaft. Following the completion of the construction, the connection prohibition was then lifted as the City had increased the treatment capacity of the WWTP. With the continued growth in the area surrounding the treatment plant, odor complaints began to surface in this area. Additionally, as growth continued in outlying areas that were conveyed to the WWTP via pumping stations, PA DER issued the 1994 prohibition for the areas tributary to the 18th Ward pump station and the 6th and Canal Street pump station. This prohibition limited the number of connections by the municipalities on a monthly basis while the City conducted a plan of study and remedial action was taken. The prohibition of 1994 focused mainly on the collection system problems. In the same general time frame, the City began experiencing ammonia nitrogen effluent discharge 4

violations. In 1997, a consent order and agreement (COA) was entered into with the Pennsylvania Department of Environmental Protection (PA DEP). Also in 1997, the City entered into a COA with the United States Environmental Protection Agency (US EPA) regarding the industrial waste pretreatment program which had begun in the mid 1980s. The City of Reading performed a facility audit in varying degrees of the plant and collection system in their entirety. The Citys response to the odor complaints and ammonia nitrogen violations was the construction of the expanded solids handling facilities and the covering and scrubbing of air from particular treatment units. This construction was designed during the late 1990s, and construction commenced in 1999 with substantial completion for most units by 2001. In this construction, the two existing belt filter presses were increased by an additional two belt filter presses, the elutriation tanks were removed from service as gravity thickeners and mechanical gravity belt thickeners were purchased and installed. One elutriation tank was abandoned entirely with the solids handling facility being constructed in its footprint. The remaining elutriation tank was converted to become a solids mix tank from which the gravity belt thickeners are fed. The recommendations made from the collection system facilities audit and plan of study that followed the 1994 prohibition, resulted in upgrades to the 6th and Canal Street pump station, as well as, the replacement of the gravity line leading to the 18th Ward pump station, the construction of a new 18th Ward pump station sized appropriately to handle the flows being experienced, and the construction of a new force main leading from the 18th Ward pump station. Additionally, some improvements were required in the grit chamber to handle the additional flow, as well as, the headworks facilities at the treatment plant proper. This construction began in 2001 and was substantially completed in 2003. Within the Citys collection system, there are four pumping stations. As discussed, the 6th and Canal Street pump station is the oldest and conveys flow from seven of the fourteen municipalities contributing flow to the WWTP. This is approximately threequarters of the flow received at the WWTP. The next largest pump station is the new 18th Ward pump station which serves six municipalities. The 19th Ward pump station services two contributing municipalities as well as the City with its flow ultimately being received at the 6th and Canal Street pump station. A very small pump station in the West Reading area conveys flow from several homes near the City limit. In addition to the lines coming from the grit chamber area and the 6th and Canal Street area, there are two smaller lines from an outlying municipality that enter the treatment plant on the plant grounds proper. One is a force main from the Flying Hills pump station in Cumru Township which includes some flows from a second municipality, and the other is a gravity line from a small portion of Cumru. These lines all converge in a primary distribution box at the same point where recycled flows are returned to the head of the plant. C. Existing WWTP Flow Schematics and Layout The WWTP is a regional facility that currently receives flow from fourteen municipalities including the City of Reading, Antietam Valley Municipal Authority (includes Lower Alsace Township and Mt. Penn Borough), Alsace Township, Bern Township, Cumru Township, Kenhorst Borough, Laureldale Borough, Mohnton Borough, Muhlenberg Township, Robeson Township, Shillington Borough, Spring Township, and Wyomissing 5

Borough. The facility serves approximately 82,000 residents from the City of Reading with a combined tributary population of about 130,000 persons in the entire service area. The WWTP is located on Fritz Island, near the Cumru Township/Reading City boundary in Berks County, Pennsylvania and has a permitted hydraulic capacity of 28.5 MGD (Average Daily Flow) and 42.75 MGD (Maximum Monthly Flow) with discharge to the Schuylkill River. Figure 1. Reading WWTP Tributary Flow Schematic

D. Consent Decree and Treatment Alternatives In April, 2003, the City was requested to meet with the United States Department of Justice (USDoJ) as well as United States Environmental Protection Agency (USEPA), and PADEP to discuss Clean Water Act issues. This suit was settled and culminated in a Consent Decree which was executed in December, 2004 and signed by the judge on November 7, 2005 as the Entry Date. This Consent Decree details studies to be performed leading to a capital improvements plan and rehabilitation plan for the treatment plant and collection system respectively and the industrial pretreatment program. In addition, there are numerous interim measures that involve developing, implementing, and maintaining various management systems designed to improve plant operations and maintenance with the ultimate goal of permit compliance. Additional information regarding this suit is available for review at the following site and by following associated links: http://www.usdoj.gov/usao/pae/News/Pr/2004/dec/reading.html 6

As part of the Consent Decree, the City was required to evaluate the existing treatment facilities to determine their ability to meet current and projected capacity, loadings, and permit limits during all potential conditions. Black & Veatch was selected to perform this evaluation and determined that the existing facilities are able to meet current permit limits under many, but not all, existing conditions. The evaluation determined the capacity for all major existing plant processes. Additionally, long-range planning and the regulatory climate were evaluated to determine potential future permit limits. As projected future limits were not available from the regulators, these were assumed in the report based upon the regulatory climate in the state and nation giving special consideration to the recent NPDES permit effluent changes evidenced in the Chesapeake Bay region of Pennsylvania. Additionally, the existing biosolids handling facilities were evaluated from digestion to disposal for capacity to handle solids generated in conjunction with the selected liquid alternative, the ability to improve ultimate disposal options and reduce potential costs, and the ability to continually provide solids treatment during construction of WWTP upgrades. The regulatory environment was considered as well as equipment life cycle due to the capital costs involved. Following a screening of technology, four solids handling scenarios emerged for further analysis and evaluation for both economic and non-economic consideration. As a result of this detailed evaluation, the selected biosolids management alternative includes two-stage anaerobic digestion, mechanical thickening and dewatering, and indirect heat drying. The Evaluation of Existing Plant Capacity and Treatment Alternatives reports were submitted to USDoJ, USEPA, and PADEP for review, comment, and approval. The selected alternatives were approved as required in the Consent Decree context by all three regulatory agencies involved. As such it is the intention of the City of Reading to continue with the selected and approved liquid and solid treatment alternatives. The Consent Decree makes a general reference to Pennsylvanias Sewage Facilities Plan requirements in the context of the Evaluation of Existing Plant Capacity and Treatment Alternatives reports by stating these reports may be combined with any required update to the Defendants Act 537 Plan. The City had met with PADEP prior to signing the Consent Decree and been assured that the information required in these reports would be sufficient to qualify for an Act 537 Special Study within the Consent Decree context. Since that time the PADEP approval letter for these reports states that the Department understands that future flows and loadings will be presented in Readings Official Sewage Facilities Plan[and] Reading must also obtain all necessary Department permits and approvals, including approval of its Official Sewage Facilities Plan, before implementing the chosen alternative. The City has been continuing forward in good faith based upon meetings and teleconferences with all the regulatory agencies in lieu of formal amendments to the Consent Decree language, requirements, and timelines where conflicts exist. E. Additional Considerations for WWTP Design and Construction The Consent Decree required the evaluation of liquid and solid treatment alternatives but did not discuss the need to evaluate facilities that are common to all treatment alternatives. For example, influent headworks, clarification, disinfection, and personnel 7

all are required to be present for an effective wastewater treatment facility. The WWTP receives the majority of its flow from the 6th and Canal Pump Station whose force main enters the facility at the primary clarifier distribution chamber as shown in the process flow schematic. Additionally, all of the forward flow through the liquid treatment process is pumped twice during the typical treatment. The City desires to reduce the current forward flow pumping and maximize gravity flow through the WWTP. The City also desires to have influent screening performed on-site and incorporated into the WWTP headworks. Black & Veatch has been working with the City to evaluate disinfection alternatives and compatibility with the existing influent and treatment alternatives. Based on the report created, the City desires to further investigate the use of ultraviolet disinfection. The City intends to include the design of these integral common facilities as discussed in the WWTP Design. F. Records Retention and Confidentiality The Consent Decree requires the City and any independent contractor performing work related to the Consent Decree to retain and maintain copies of any reports, plans, permits and documents, submitted to US DoJ, US EPA and PA DEP pursuant to the Consent Decree, including any underlying research and data, for a period of five (5) years from date of submission. As this information may be used in subsequent submissions throughout the duration of the Consent Decree, the City desires to ensure the availability of this information for its own related purposes as well. The successful firm shall maintain all records for ten (10) years after final payment on the contract and any and all other pending matters are closed. After the ten (10) year retention period, the City shall have the option to take possession of the work papers, reports, plans, permits and documents, electronic and / or hard copy, whenever the successful firm decides to dispose of them. The successful firm shall notify the City in writing prior to any disposal of documents related to this contract. All reports, information, data, etc., furnished by the City to the proposing firm shall remain confidential and shall not be released to any individual or organization without the prior written approval of the City. G. Scope Of Work The project management consultant(s) will assist the Public Works Department and specifically its Utilities Division in their respective responsibilities related to administration, coordination, scheduling, fiscal management, communications, environmental review and mitigation, planning, design and construction management activities and operations strategies. In fulfilling the duties and responsibilities of the project management consultant(s), it is expected at a minimum that an individual project manager will be assigned to work with the Utilities Division on an appropriate time basis (based on the services to be provided), and that any additional staff resources of the consultant will be made available as necessary over the term of the agreement in order to provide the proposed services. A senior executive employee of the consultant shall act as the principal-in-charge. 8

Below is a list of services that will be expected of the consultant(s) in providing assistance to the City. The services are separated between project management and construction management and between base services and additional services. Each proposal will clearly identify whether and which services will be provided as part of the proposal. Separate proposals for project management services and construction management shall be submitted. The City reserves the right to award project management and construction management to one or two proposers as determined to be in the best interests of the City. 1. Project Management The consultant(s) will provide project management services in the following areas: a. Project Administration Assist with overall project organization and refinements in program administration planning. Attend weekly on-site team project meetings and other related project meetings. Initiate and attend monthly scheduling and coordination meetings. Establish and maintain a computer-based project management and communications system to include such things as: project updates and executive status reports, notices, project information exchange and scheduling, correspondence inventory and retrieval system, project reference library and internet web site utilizing hardware and software which are agreeable to and compatible with City systems. Assist in establishing and maintaining a contract document tracking and management system and a project information management system. Assist in the preparation of public information materials. Provide support for design consultant and construction manager. Provide advice on Federal and State laws, regulations and guidelines. b. Assist with communications with regulatory agencies. c. Assist with overall fiscal management including: Maintenance of a project accounting system, Preparation of budgets, Tracking of actual cash flow and development of cash flow projections, d. Assist with the preparation of monthly, quarterly and other periodic reports to regulatory agencies, City officials, and the public as required. e. Preparation for, attendance at and participation in meetings. Monthly, quarterly and other periodic progress information and issue meetings with regulatory agencies, City officials, and the public as required. f. Assist with the review of the ambient water quality monitoring program data, and preparation of required annual and/or periodic evaluation reports if requested. g. Technical support such as review of design alternatives, researching right-of-way easements, and technical report preparation as requested. h. Graphics and computer simulation support. i. The Project Manager will function as the financing team leader. Each proposer shall include a description of their approach to securing a variety of Federal, State, and Local funds through grants, appropriations, loans, and any other financing mechanisms available. Each proposer shall detail relevant experience in the past ten

years with researching, preparing applications, lobbying, and obtaining funding from any available sources. 2. Construction Management It is the intent of the City to select a construction management team who will coordinate and effectively manage the project, from the design phase through construction. The selected Construction Manager will provide a complete scope of services that may include the following: assistance to the City staff during design, construction management, coordination, scheduling, administration, inspection/observation, construction survey, quality assurance materials testing, drawing submittal review and approval coordination, maintenance of project records and close-out documents for the project. Throughout the duration of the project, the Construction Manager shall provide certain services including, but not limited to, the following: 2.1 Pre-Construction Phase Services a. Prepare and distribute a Management Information System (MIS) b. Monitor and provide input to project design schedule c. Attend and provide input to design review meetings / workshops 30% Design Stage 60% Design Stage 95% Design Stage Monthly design status meetings - 15 total meetings d. Conduct a peer review of the contract documents (drawings, specifications, etc.) 30% Design Stage 60% Design Stage 95% Design Stage 100% Design Stage e. Review cost estimates prepared by design consultants Provide independent analysis of cost impacts of proposed design modifications f. Provide input to construction sequencing and scheduling Review proposed construction phasing approach and split of contracts and provide recommendations g. Perform constructability review at the 95% Design Stage h. Participate in meetings relating to permit issues i. Coordinate design reviews with City agencies j. Coordinate design reviews with stakeholders outside the City k. Prepare monthly progress reports for the City l. Work with City staff to provide information to Design Engineer, as requested m. Provide recommendations to City staff regarding questions from Design Engineer n. Review change requests by Design Engineer and provide recommendations to the City o. Perform formal Value Engineering studies, if requested by the City p. Assist the City in public relations activities q. Assist in advertisement of the project 10

r. Assist the City and Design Engineer in presenting contract to potential bidders to attempt to obtain more competitive bids s. Attend pre-bid conferences for each prime contract t. Review contractors questions and associated addenda issued by Design Engineer u. Assist with bid opening v. Review and tabulate bids w. Review bidders qualifications x. Assist with Award process of each prime contract y. Prepare project Submittal Log in consultation with the Design Engineer 2.2 Construction Phase Services 2.2.1 Project Management a. Conduct project meetings, prepare, and distribute minutes b. Monitor overall project budget c. Review the updated construction schedules and maintain records Compare work progress with planned schedule Review the Contractors recovery schedules Obtain monthly updates from Contractor(s) incorporating actual progress, delays, and other impacts d. Maintain project records e. Provide site coordination between Contractors and operations staff, Design Engineer, and external utilities f. Communicate with Contractor(s), City staff, operations staff and external utilities, as required g. Provide a Web based project management system for sharing of project information (RFIs, submittals, etc.) Provide access for all project team members h. Review, comment and facilitate responses to Requests For Information (RFI): Prepare responses to RFI related construction issues Transmit design-related RFIs to Design Engineer and the City i. Prepare monthly progress reports for the City including description of key issues, cost status, and schedule status j. Prepare monthly progress payment requests Make measurements of bid item installed quantities or percentages k. Construction Surveying: Preserve survey baselines established by the Design Engineer Perform construction survey verification as needed o All survey work shall be under the supervision of a state of Pennsylvania licensed Land Surveyor with substantial experience in performing construction staking on similar projects Make reasonable efforts to organize the work to meet the Contractors operations schedule o The surveyor shall provide all labor, tools, equipment and materials, including stakes, hubs, flagging, nails and paint, for establishment of one set of initial construction stakes as required by the construction contract. Re-establishing construction staking is the responsibility of the Contractor(s).

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2.2.2 Construction Contract Administration a. Coordinate site meetings with the Contractor(s), Design Engineer and City staff, and preparation and distribute meeting minutes b. Review Contractors contract execution for compliance with Contract Document requirements (i.e. certified payroll, labor compliance, etc.) c. Coordinate submittal reviews with the Design Engineer Maintain electronic Submittal Log d. Review Contractor(s) RFIs and either provide information from Contract Documents back to the Contractor or route request to Design Engineer for resolution e. Communicate with Contractor(s) regarding acceptability of work f. Coordination of Contractor(s) testing plan g. Provide Commissioning services for all equipment and systems 2.2.3 Field Inspection/Observation a. Perform site observations of the day-to-day construction activities to minimize effects and deficiencies in the work of the Contractor(s) and to check that provisions of the contract documents are being fulfilled: b. Prepare daily reports documenting observed construction activities c. Take and maintain digital photographs providing documentation of construction progress d. Coordinate Quality Assurance materials testing services e. Review Contractors compliance with all regulatory permits and mitigation measures f. Review Contractors compliance with workplace safety and health standards and notification of City of non-compliance g. Review and approve of Contractors survey layouts 2.2.4 Change Order Management a. Review and evaluation of contract change order requests and submittals in coordination with design firm as appropriate b. Assist the City in negotiation of change orders: Perform quantity and cost analysis as required for negotiation of change orders Analyze additional compensation claims that are submitted during the construction period and prepare responses Perform claims administration including coordinating and monitoring claims responses, logging claims and tracking claim status c. Coordinate contract change orders between Contractor(s) and the City d. Investigate and inspect site conditions that differ from those described in the Contract Documents e. Review submittals in support, and recommendations for resolution, of claims and disputes 2.2.5 Construction Closeout/Post Construction Services a. Perform site inspection to determine if facilities are complete and in compliance with Contract Documents b. Prepare punch lists and inspect punch list item corrective actions c. Prepare recommendation to City as to the release of payments and retention to Contractor(s) d. Review and verify receipt of required Operation and Maintenance (O&M) Manuals 12

e. Review record drawings prepared by the Contractor(s) f. Coordinate transmittal of project files and record drawings to the City for archiving 3. General Qualifications

a. Provide firms history of services provided, with particular emphasis on extensive experience in large wastewater treatment plant design and project and construction management b. Provide the professional qualifications of the firms key personnel, including degrees, licenses, years of relevant experience and firm tenure c. Provide firms experience with Pennsylvania municipal government agencies d. Provide firms experience with Pennsylvania, local, county, and state regulatory agencies e. Must have an established office within a 100 mile radius of the City of Reading The Construction Managers key personnel should be able to be available on site, at the request the City, in less than two (2) hours f. Provide a statement indicating whether performing services for the City would create any potential conflict of interest, or appearance of impropriety g. Individuals Lead CM must have the following: A minimum of 20 years experience in the design and construction management of wastewater treatment plants A valid Pennsylvania PE license Ability to work full time in the City of Reading 4. Additional Services

Proposers may include additional services not included in the Scope of Work under either program management or construction management. The Fee Proposal shall include separate Not to Exceed fees for any additional services included in the proposals. The City of Reading reserves the right to evaluate Additional Services and either include or eliminate such services in the subject proposal. H. Proposal Requirements

1. Technical Proposal The technical portion of the proposal shall include the following: a. Cover/Transmittal Letter Letter is to be signed by a member of the organization having the authority to negotiate and execute contracts on behalf of the firm. b. Project Understanding Provide an narrative description of the project based on the proposed scope of work and information gathered about the project Include any issues that your firm believes will require special consideration Identify any unique approaches or strengths that your firm may have related to this project 13

c. Project Team Include an organization chart listing all key project team members. In addition the following items shall be addressed: Identify all key members roles, availability, qualifications, and responsibility for the project. Full resumes for all key members shall be provided within an appendix Subconsultants are to be identified along with tasks assigned to them Identify years of experience in construction of wastewater facilities. Identify any member(s) of the team who failed to remain active on a project through its completion during the past five years and provide an explanation. d. Scope of Work Provide a detailed description of the tasks and duties required to implement this scope of work, from review of plans and specifications through startup. e. Project Management Describe how the project will be controlled and executed during construction. f. Related Experience Include a description of projects in progress or completed over the last ten (10) years that are comparable to this project. Recent experience with direct construction management and inspection in wastewater treatment plant rehabilitation and expansion projects will be given the highest weight in the evaluation. Provide a minimum of three (3) owner references of similar utility plant projects. Include reference names, addresses, and phone g. Subcontractors The name and involvement of any subcontractor or subcontractors to be utilized on this assignment. 2. Fee Proposal In a sealed envelope as a separate document to your Proposal, provide seven (7) copies of the cost proposal individually for Project Management and Construction Managment. Include a copy of the proposed rate schedule(s) to be used throughout the duration of the project including any adjustments that are predicted to occur during the life of the project. Fee shall be based upon the following anticipated durations of the major phases of the project: Design Phase: 12 months Bid Phase: 3 months Construction Phase: 36 months Commissioning / Post Construction Phase: 6 months Fee proposals shall consist of two elements: 1) personnel related expenses and 2) nonpersonnel reimbursable expenses. Quotations for personnel expenses based on the staff proposed to be assigned to the program shall be provided. Current and projected rates for 14

the principal individuals by name and for other technical and/or clerical staff positions which may be agreed on from time to time by position title shall be indicated. The personnel related expenses should reflect profit, normal overhead and direct personnel expenses. In addition to personnel expenses, the fee proposal shall include proposed rates for direct reimbursable expenses such as travel, lodging and meals; office equipment; photo copying; and construction documents printing. The consultant shall also indicate the basis for how special charges would be made for such services as provision of special conditions, office space, project site trailers and other costs (other than direct personnel expenses) necessarily incurred in the proper performance of the desired services will be billed. Fee proposals shall include a Not to Exceed price for all services described herein and within the Technical Proposal. This price shall address either project management or construction management services, or the combination of both services. 3. MBE/WBE Utilitzation The City of Reading employs a goal of 10% minority participation and women participation for minority and women business enterprises and for workforce. While meeting the goal is not mandatory, it is an important factor in the selection process. Proposers must agree to make good faith efforts to achieve these goals and submit a detailed MBE/WBE utilization plan with the proposal. Consultants proposals shall also include a summary report reflecting the current or intended make up of their and their sub-consultants workforce as to male, female and minority classification. 4. Proposal Submission Please submit seven (7) sealed, bound copies of the firms technical proposal and seven (7) sealed copies of the firms project cost each with the notation of City of Reading Wastewater Treatment Plant Project Manager or City of Reading Wastewater Treatment Plant Construction Manager as detailed below to: City of Reading Finance Department - Purchasing Division 815 Washington Street Reading, PA 19601-3690 The response shall address firm specific information followed by personnel, reference projects, and local presence as detailed below: Provide general firm information including location of headquarters, number of offices, total number of employees, number of technical staff by specialty indicating graduate engineers and registered professional engineers, geographic location of projects primary client contact, and number of years firm has been performing engineering design and project management work. 15

For each selected subcontractor, provide details of the expertise and scope being provided by the firm as well as the firms relevant experience and depth of qualified personnel as it relates to the project. This shall be no more than one page per subconsultant or firm. Indicate the teams involvement and success with obtaining funding for similar projects by project size in dollars with emphasis given to direct appropriations, various sources of grants and low-interest loans with their dollar amount and sources. Detail your relevant experience in the past ten years with researching, preparing applications, lobbying, and obtaining funding from the variety of sources listed above as well as any other funding types with which you have experience that may be applicable to this project. Indicate the firms experience with the City of Reading as well as clients in Berks County, Pennsylvania in the past ten years by client and contact information, type of project, and project and firm scope. Indicate the firms relevant utility engineering in adjoining counties in the past ten years by client and contact information, type of project, and project and firm scope. Provide a sample contract and terms for review by the City and its legal counsel.

5. Proposal Schedule The following are key milestones for the selection process: RFP Release: March 12, 2008 Pre-proposal Meeting: March 27, 2008, 9:00 AM Questions Due: April 1, 2008, 10:00 AM Response Issued: April 4, 2008 Proposals Due Date & Time: April 15, 2008, 2:00 PM Consultant Interviews (if needed) May 6, 2008 Anticipated Contract Award: May 12, 2008 6. Pre-Proposal Meeting Proposers are required to attend a mandatory pre-proposal meeting and job site tour, which will be held on March 27, 2008 at 9:00 AM at the County of Berks Fire Training Center, located on Morgantown Road adjacent to the Wastewater Treatment Plant. At this meeting, representatives from the City will discuss the RFP Documents, site constraints, and other items specific to this project. A project walk-through will follow. A sign-in sheet will be available. Attendance at the entire pre-bid meeting and walk-through is mandatory for proposing on this project. Proposals received from Consultants who did not sign the sign-in sheet and attend the meeting and walk-through will be returned to the Consultant unopened. The City will prepare and make available a set of meeting minutes and responses to questions raised at the meeting and walk-through. Oral statements made during the meeting but not confirmed by the minutes or responses may not be relied upon and are not binding or legally effective. 7. Individual Tours Any consultant interested in an individual tour should contact Deborah Hoag, Utilities Division Manager, at 610-655-6258. These tours will be a maximum of one hour long. 16

8. Authorization of Invitation Article VIII, Section 801 (b), of the City of Reading City Charter, gives the City the ability to engage independent consultation to represent or advise on specific individual matters. This section further states that representation must be secured by the Request for Proposal (RFP) process. The City of Reading Purchasing Policy recognizes and states that the awarding of a contract for professional services cannot be based solely upon the selection of the lowest bidder. Emphasis is placed on factors such as professional qualifications, experience, and familiarity with the nature of the services to be performed. This RFP is issued by the City of Reading. Any questions or clarifications concerning the RFP shall be directed to the Purchasing Coordinator. All requests for additional information concerning the RFP process, acceptance and approval of a contract must be issued in written form by the same time as technical questions. Responses to all questions will be issued to all prospective proposers in the form of an addendum as discussed above. 9. Preparation of Proposals Firms are expected to examine any specifications, schedules or instructions included in the RFP package. Failure to do so will be at the firms risk. The applicant shall submit the requested information in a complete and concise manner within the page limitations discussed. Proposals are to be prepared simply, providing a straightforward and concise description of the successful firms, persons, or subcontractors capabilities to satisfy the requirements of this proposal. Emphasis should be on completeness and clarity of content. Each copy of the proposal and all documentation shall be bound in a single volume. If erasures or other changes appear in the proposal, each erasure or change must be initialed by the person signing the submittal. Receipt of amendments or addenda by a firm must be acknowledged on the appropriate City form and included in the proposal. Ownership of all data, material, and documentation originated and prepared for the City pursuant to the RFP shall belong exclusively to the City and be subject to public inspection in accordance with the Freedom of Information Act and Pennsylvania Right to Know Act. Trade secrets or proprietary information submitted shall not be subject to the public disclosure; however, the firm must invoke this protection in writing. The proprietary or trade secret material submitted must be identified. The classification of an entire proposal, line item prices and/or total proposal prices as proprietary or trade secret is not acceptable and will result in rejection and return of proposal.

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10. Modification or Withdrawal of Proposals A Proposal that is in the possession of the Purchasing Manager may be amended by telegram, letter, or fax transmission bearing the signature or name of the person authorized for bidding, provided said request is in writing and properly signed or by telegram and is received at least two (2) hours prior to the time and date of opening. The communication shall not reveal the Proposal price but should indicate the addition, subtraction or other change in the Proposal. A Proposal that is in the possession of the Purchasing Manager may be withdrawn by the firm in person, by fax, or by written request provided said request is in writing and properly signed or by telegram and is received at least two (2) hours prior to the time and date set for the opening. Request by telegram must be confirmed in writing, properly signed, which must be delivered within twenty-four (24) hours of the time and date set for the opening. No proposals may be withdrawn for a period of one hundred twenty (120) days following the formal opening and receipt of proposals by the City of Reading. 11. Right to Reject Proposals Submission of a proposal indicates the acceptance by the firm of the conditions contained in this RFP unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Reading and the firm. During the advertising process through the final firm selection and contract execution by both parties, any contact by proposing firms with any City representative, other than the Purchasing Manager, concerning the RFP is prohibited. Any such unauthorized contact may cause the disqualification of the firm from this procurement action. The City of Reading reserves the right without prejudice to reject any or all proposals in whole or in part. It also reserves the right to waive any technical defects or minor irregularities, which in its discretion, is in the best interest of the City. The City further reserves the right to seek new proposals when such a procedure is reasonably in the best interest of the City to do so. The City will not pay for any information required in the RFP, nor is liable for any cost incurred by a firm in responding to an RFP. . 12. Disposition of Proposals All proposals submitted in response to the RFP become the property of the City and will not be returned to unsuccessful firms. 13. Questions Regarding Specifications or Proposal Process To ensure fair consideration for all firms, the City prohibits communication to or with any department director, division manager, or employee during the submission process with the exception of those questions relative to interpretation of specifications or the proposal process. Such communications initiated by a firm may be grounds for 18

disqualifying the offending firm from consideration for award of the proposal and/or any future proposal. No interpretations of the meaning of the RFP documents will be made to any bidder orally. Every request for such interpretation shall be in writing to the City of Reading Purchasing Office, and to be given consideration must be received in writing prior to 10AM on April 1, 2008. Direct inquiries to: Heather Dunkle Purchasing Coordinator City Hall, Rm. 2-45 815 Washington Street Reading, PA 19601 FAX - (610) 655-6427 heather.dunkle@readingpa.org Any and all such interpretation will be in the form of an Addendum to the RFP and will be faxed to all prospective firms on Friday, April 4, 2008. I. Minority and Women Business Enterprises The City notifies all firms that minority and women business enterprises will be afforded full opportunity to submit proposals in response to this RFP and will not be discriminated against on the basis of race, color, national origin or ancestry. Firm hereby agrees that upon the award of the contract, the firm will not discriminate against any person who performs work because of race, religion, color, sex, national origin or ancestry. J. Equal Employment Opportunity During the performance of this Contract, the firm agrees as follows: The firm will not discriminate against any employees or applicant for employment because of race, color, religion, sex, or national origin. The firm will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The firm agrees to post in conspicuous places, available to employees and applicants for employment, notices which may be provided by the City of Reading setting forth the provisions of this nondiscrimination clause. The firm will, in all solicitations or advertisements for employees placed by or on behalf of the firm, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. In the event of the firms noncompliance with the non-discrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract 19

may be canceled, terminated, or suspended in whole, or in part and the Proposer may be declared ineligible for further City of Reading contracts. The firm will include the provisions of these paragraphs in every subcontract or purchase order unless exempted.

K. Employment of Certain Persons Prohibited No person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the work covered by this Contract. L. Subcontracts Joint proposals by multiple firms are allowed, and even encouraged if deemed necessary to balance new ideas and directions with the realities of the enabling statutes. However, the firm will not be allowed to subcontract work under this contract unless the subcontractor and its scope of work is clearly defined and outlined within the proposal or written approval is granted by the City of Reading. The subcontractor, as approved, shall be bound by the conditions of the contract between the City and the selected firm. The authorization of a subcontractor is to perform in accordance with all terms of the contract and specifications. All required notices, work orders, directives, and requests for emergency services will be directed to the selected firm. All directions given to the subcontractor in the field shall bind the selected firm as if the notice had been given directly to the selected firm. Should the firm elect to use any subcontractors, they are to provide a payment bond as included in the following forms. M. Independent Proposal The parties hereto expressly agree and understand that the successful firm may not be an employee or agent of the City of Reading in any sense. Furthermore, the successful firm may not be affiliated with any chemical, technology, process, vendor, or manufacturer related to wastewater treatment. Any and all potential conflicts of interest should be brought to the Citys attention immediately. Contracts may be terminated should the situation warrant such action. N. Evaluation and Selection Process The City and its designated committee will evaluate all proposals, determine whether oral discussions with individuals, firms, or organizations are necessary, and select the firm best qualified to perform the scope of work. A qualification based selection process will be used. Qualifications will outweigh all other considerations. The City will begin negotiations with the highest ranked firm(s) and develop a final work scope and refine compensation. During the entire selection process, the firms shall only contact the Purchasing Coordinator regarding details of the work to be performed unless otherwise authorized. This will minimize missed information and duplication of effort.

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The City may choose to conduct interviews with finalists after the initial review of proposals are complete. If interviews are conducted, finalists will be contacted individually by the Purchasing Coordinators office. The City has the responsibility to negotiate the most favorable cost terms and conditions to the City. The negotiating process may involve one (1) or more RFP responses and may continue until the award of the contract. All proposals will become part of the official file on this matter without obligation to the City of Reading. The City of Reading Purchasing Policy allows the City to base its selection on professional qualifications, experience, and familiarity with the nature of the service to be provided. The City reserves the right to award project management and construction management to one or two proposers as determined to be in the best interests of the City. The evaluation will be based upon the following: Firm Qualifications: 30 points Qualifications of Key Personnel: 25 points Adequacy of Resources to perform the work: 20 points Past Performance: 10 points Price: 10 points Location within 100 miles of the project site: 5 points O. Execution of Contract The contract will be drafted by the City and executed by both the City and the successful firm. Incorporated into that contract will be this Request for Proposal for Professional Services and the Proposal accepted by the City. The successful firm shall, within ten (10) calendar days after mailing of contract documents by the City to the Principal, enter into contract with the City. The contract, when executed, shall be deemed to include the entire agreement between the parties; the firm shall not base any claim for modification of the contract upon any prior representation or promise made by the representatives or the City, or other persons. All attachments are considered as part of this document. P. Contract Alterations or Modifications This contract will be under the direct supervision of the City and/or its authorized representatives. Any alterations or modifications of the work performed under this contract shall be made only by written agreement between the firm and the Citys authorized representatives and shall be made prior to commencement of the altered or modified work. No claims for extra work or materials shall be allowed unless covered by written agreement. Q. Manner of Payment The successful firm will submit monthly invoices to the City of Reading before the payment of services. Those invoices shall be submitted to the Utilities Division of Public 21

Works Department of the City of Reading. Upon receiving the requisite authorizations, the City of Reading will process the successful firms invoices and forward payment by check. The City requires the firm to provide detailed monthly status reports by the 15th of each month that discuss the firms activities throughout the prior calendar month. This should also include any problems encountered as well as areas where a response is required or modifications are required and all areas impacted. Invoices received for payment prior to the receipt of the monthly status report will not be processed until receipt of the report. R. Contract Termination The City shall have the right to terminate the contract or any part thereof before the work is completed in the event: Previous unknown circumstances arise which make it desirable, in the best interest of the City, to void the contract. The firm does not adequately comply with the specifications of the RFP or of the contract. The firm refuses, neglects, or fails to supply properly trained or skilled supervisory personnel, personnel, and/or subcontractors, or proper equipment. The firm neglects to carryout the directions of the City. The firm in the judgment of the City is unnecessarily or willfully delaying the performance and the completion of the work. The firm refuses to proceed with work when and as directed by the City. The firm abandons the work. S. Rights upon Termination of Contract Upon termination of the contract, the successful firm shall transfer, assign and make available to the City all property and materials in the firms possession or subject to the firms control that are the property of the City, subject to payment in full of amounts due to this contract. Upon termination, the successful firm agrees to provide reasonable cooperation in arranging the transfer or approval of third partys interest in all contracts, agreements and other arrangements, and all rights and claims thereto and therein following appropriate release from the obligations therein. T. Dissemination of Information During the term of the resulting contract, the successful firm may not release any information related to the services or performance of services under the contract, nor publish any reports, studies, or documents relating to the City of Reading, the account, or performance of services under the agreement without prior written consent of the City; and shall indemnify and hold harmless the City, its officers, agents, and employees from all liability which may be incurred by reason of dissemination, publication and distribution, or circulation, in any manner whatsoever, of any information, data, documents, or material pertaining to the City, the account, or the contract by the firm or its agents or employees. 22

U. Ownership and Use Firm shall ensure, to the fullest extent possible under law, that the City shall own any and all title and interest in and to, including copyrights, trade secret, patent and other intellectual property rights, with respect to any copy, photograph, advertisement, music, lyrics, or other work or thing created by firm or at the firms direction for the City pursuant to this contract and utilized by the City. V. Insurance The successful firm shall assume and be liable for all blame and loss of whatsoever nature by reason of neglect or violation of any Federal, State, County or Local laws, regulations, or ordinances; the firm shall indemnify and hold harmless the City of Reading from all suits or actions at law of any kind whatsoever in connection with this work and shall if required by the City, produce evidence of settlement of any such action before final payment shall be made by the City. The selected design firm shall protect the City, its agents, and employees, from any litigation involved in this engineering design work. The firms Liability Insurance Certificate shall include the hold harmless clause and shall be filed with the City of Reading. All subcontractors must also furnish copies of their liability insurance certificates to the City. No subcontractor will be allowed to perform any work under this contract by the City unless such certificates are submitted to and approved by the City beforehand. W. Insurance Limits Requirements The City requires the following insurances and limits as a minimum for a design firm being considered for the WWTP design project. The detailed listing of current insurance coverage in place by type as well as a listing of places where additional insurance or coverage modification is required based upon this projects insurance requirements is to be included in the proposal. All policies shall be in effect with companies holding an A.M. Best rating of A- or better and shall be licensed to do business in the Commonwealth of Pennsylvania. Due to the nature and the scope of the project, the City of Reading also requests a copy of the Professional Liability policy to review. Requisite insurances and limits are as follows: Professional Liability in minimum amounts of $1,000,000 per occurrence and $2,000,000 aggregate. Umbrella/Excess Liability with limits of not less than $2,000,000 per occurrence and $2,000,000 aggregate following from underlying liability coverage. Workers Compensation Statutory limits in each state in which Service Provider is required to provide Workers Compensation coverage including All States and Voluntary Compensation endorsement, and a Waiver of Subrogation endorsement in favor of the City. Comprehensive General Liability for bodily injury and property damage including any liability normally covered by a general liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 in the annual aggregate. 23

Business Automobile Liability For owned, non-owned, leased and hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. Employers Liability with limits of not less than $100,000 Accident Each Accident, $100,000 Disease Each Employee; and $500,000 Disease Policy Limit.

Prior to commencement of performance under this proposal and any future executed contract, the selected design firm shall furnish to the City of Reading a certificate of insurance evidencing all required coverage in at least the limits required herein, naming the City of Reading, its elected officials, agents, and employees as additional insureds under the Comprehensive General Liability coverage, and providing that no policies may be modified or cancelled without thirty (30) days advance written notice to the City of Reading. Such certificate shall be issued to: City of Reading, 815 Washington Street, Reading, PA 19601. Please forward a certificate of insurance verifying these insurance requirements. X. Taxes The City of Reading is tax exempt. Tax exemption certificates will be issued to the successful firm upon request. The successful firm will be responsible for remitting all Federal, State and Local taxes or contributions imposed or required under Unemployment Insurance, Social Security and income tax laws under the Workers Compensation Law with respect to this contract. Y. Observance of Laws, Ordinances, and Regulations The successful firm shall keep fully informed on all federal, state and local laws, regulations, and all orders and decrees of bodies having any jurisdiction or authority which in any matter affect those engaged or employed on the work or which in any way affect the conduct of the work. The successful firm shall at all times during the terms of this contract observe and comply with all such laws, ordinances, regulations, orders and decrees in force at the time of the award. The successful firm shall protect and indemnify the City of Reading and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulations, orders or decrees whether by the firm or the firms employee. No extension of time or additional payment will be made for loss of time or disruption of work caused by any actions against the successful firm for any of the above reasons.

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NON-COLLUSION AFFIDAVIT INSTRUCTIONS FOR NON-COLLUSION AFFIDAVIT This Non-Collusion Affidavit is material to any contract pursuant to this bid. According to the Pennsylvania Antibid-Rigging Act, 73 P.S. 1611 et seq., governmental agencies may require Non-Collusion Affidavits to be submitted together with proposals. This Non-Collusion affidavit must be executed by the member, officer, or employee of the proposer who is authorized to legally bind the proposer. Bid/Proposal rigging and other efforts to restrain competition, and the making of false sworn statements in connection with the submission of proposals are unlawful and may be subject to criminal prosecution. The person who signs the Affidavit should examine it carefully before signing and assure himself or herself that each statement is true and accurate, making diligent inquiry, as necessary, of all other persons employed by or associated with the proposer with responsibilities for the preparation, approval, or submission of the bid. In the case of a proposal submitted by a joint venture, each party to the venture must be identified in the proposal documents, and an Affidavit must be submitted separately on behalf of each party. The term "complementary bid/proposal" as used in the Affidavit has the meaning commonly associated with that term in the RFP process, and includes the knowing submission of proposals higher than the proposal of another firm, any intentionally high or noncompetitive proposal, and any form of proposal submitted for the purpose of giving a false appearance of competition. Failure to file an Affidavit in compliance with these instructions will result in disqualification of the proposal.

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NON-COLLUSION AFFIDAVIT

State of ________________________ County of _______________________ _________________________________, being first duly sworn, deposes and says that: He/She is_________________________________________ of the Proposer that has (Owner, Partner, Officer, Representative or Agent) submitted the attached Proposal; He/She is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; Such Proposal is genuine and is not a collusive or sham Proposal; Neither the said Proposer nor any of its officers; partners, owners, agents, representatives, employees or parties in interest, including this affidavit, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal is submitted or to refrain from submitting in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication of conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to fix any overheld, profit or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Reading or any person interested in the proposed Contract; The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit; and, Neither the said Proposer nor any of its officers, partners, owners, agents or parties in interest, have any interest, present or prospective, that can be reasonably construed to result in a conflict of interest between them and the City of Reading, which the Proposer will be required to perform.

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I state understands

that

_______________________________________________ (Name of Firm)

and acknowledges that the above representations are material and important, and will be relied on by the City of Reading in awarding the Contract(s) for which this Bid is submitted. I understand and my firm understands that any misstatement in this Affidavit is and shall be treated as fraudulent concealment from the City of Reading of the true facts relating to the submission of bids for this Contract.

________________________________________________ (Name and Company Position)

SWORN TO AND SUBSCRIBED BEFORE ME THIS _________ DAY OF _____________________, 20___

_______________________________ Notary Public

My Commission Expires:

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NON DISCRIMINATION STATEMENT

The undersigned hereby certifies that it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, handicap, familial status, or national origin. The undersigned shall take affirmative action to insure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, handicap, familial status, or national origin.

____________________________

____________________________ BIDDER ____________________________ TITLE

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PAYMENT BOND Know All Men by These Presents: That We, _________________________________ hereinafter called the PRINCIPAL, and (CONTRACTOR) ______________________ hereinafter called the SURETY, a corporation organized and (SURETY) existing under the laws of the ________________ of ______________________ are held and firmly bound unto _________________, hereinafter called OBLIGEE, as hereinafter (OBLIGEE) set forth, in the full and just sum of __________________________ Dollars ( $______ ), lawful money of the United States of America, for the payment of which we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: Witnesseth That: WHEREAS, the PRINCIPAL heretofore submitted to the OBLIGEE a certain PROPOSAL, dated _______________, 20 ____ to perform the WORK for the OBLIGEE, in connection with the ________________________________ as set forth in the CONTRACT DOCUMENTS; WHEREAS, the OBLIGEE is a "contracting body" under provisions of the Act of the General Assembly of the Commonwealth of Pennsylvania, approved by the Governor on December 20, 1967, known as and cited as the "Public Works Contractors" Bond Law of 1967", P L 869 (the Act"): and WHEREAS, the Act, in section 3(a), requires that, before an award shall be made to the PRINCIPAL by the OBLIGEE in accordance with the PROPOSAL, the PRINCIPAL shall furnish this BOND to the OBLIGEE, with this BOND to become binding upon the award of a CONTRACT to the PRINCIPAL by the OBLIGEE in accordance with the PROPOSAL: and WHEREAS, it also is a condition of the CONTRACT DOCUMENTS that this BOND shall be furnished by the PRINCIPAL to the OBLIGEE; and WHEREAS, under the CONTRACTOR DOCUMENTS, it is provided, inter alia, that if the PRINCIPAL shall furnish this BOND to the OBLIGEE, and if the OBLIGEE shall make an award to the PRINCIPAL in accordance with the PROPOSAL then the PRINCIPAL and the OBLIGEE shall enter into a CONTRACT with respect to performance of the WORK, the form of which CONTRACT is set forth in the CONTRACT DOCUMENTS. NOW, THEREFORE, the terms and conditions of this BOND are and shall be that if the

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PRINCIPAL and any SUBCONTRACTOR of the PRINCIPAL to whom any portion of the WORK shall be subcontracted, and if all assignees of the PRINCIPAL and of any such SUBCONTRACTOR, promptly shall pay or shall cause to be paid, in full all money which may be due any claimant supplying labor or materials in the prosecution and performance of the WORK in accordance with the CONTRACT DOCUMENTS, including any amendment, extension or addition to the CONTRACT DOCUMENTS, for material furnished or labor supplied or labor performed, then this BOND shall be void; otherwise, this BOND shall be and shall remain in force and effect. This BOND, as provided by the Act, shall be solely for the protection of claimants supplying labor or materials to the PRINCIPAL or to any SUBCONTRACTOR of the PRINCIPAL in the prosecution of the WORK covered by the CONTRACT DOCUMENTS, including any amendment, extension or addition thereto. The term "claimant", where used herein and as required by the Act, shall mean any individual, firm, partnership, association or corporation. The phrase "labor or materials", when used herein and as required by the Act, shall include public utility services and reasonable rentals of equipment, but only for periods when he equipment rented is actually used at the site of the WORK covered by the CONTRACT. As required by the Act, the provisions of this BOND shall be applicable whether or not the material furnished or labor performed enters into and becomes a component part of the public building, public work or public improvement contemplated by the CONTRACT DOCUMENTS. As provided and required by the Act, the PRINCIPAL and the SURETY agree that any claimant, who has performed labor or furnished material in the prosecution of the WORK in accordance with the CONTRACT DOCUMENTS, including any amendment, extension or addition to the CONTRACT DOCUMENTS, and who has not been paid therefore, in full, before the expiration of ninety (90) days after the last day on which such claimant performed the last of such labor or furnished the last of such materials for which payment is claimed, may institute an action upon this BOND, in the name of the claimant, in assumpsit, to recover any amount due the claimant for such labor or material, and may prosecute such action to final judgment and may have execution upon the judgment; provided, however, that: (a) Any claimant who has a direct contractual relationship with any SUBCONTRACTOR of the PRINCIPAL, but has no contractual relationship, express or implied, with the PRINCIPAL, may institute an action upon this BOND only if such claimant first shall have given written notice, served in the manner provided in the Act, to the PRINCIPAL, within ninety (90) days from the date upon which such claimant performed in the last of the labor or furnished the last of the materials for which payment is claimed, stating, with substantial accuracy, the amount claimed and the name of the person for whom the WORK was performed or to whom the material was furnished; and (b) No action upon this BOND shall be commenced after the expiration of one (1) year from the day upon which the last of the labor was performed or material was supplied, for the payment of which such action is instituted by the claimant; and

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(c) Every action upon this BOND shall be instituted either in the appropriate court of the County where the WORK is to be performed or of such other County as Pennsylvania statutes shall provide, or in the United States District Court for the district in which the PROJECT, to which the CONTRACT relates, is situated, and not elsewhere. This BOND is executed and delivered under and subject to the Act, to which reference hereby is made. The PRINCIPAL and the SURETY agree that any alterations, changes and/or additions to the CONTRACT DOCUMENTS, and/or any alterations, changes and/or additions to the WORK to be performed in accordance with the CONTRACT DOCUMENTS, and/or any alterations, changes and/or additions to the CONTRACT, and/or any given by the OBLIGEE of any extensions of time for the performance of the WORK in accordance with the CONTRACT DOCUMENTS, and/or any act of forbearance of either the PRINCIPAL or the OBLIGEE toward the other with respect to the CONTRACT DOCUMENTS, and/or the reduction of any percentage to be retained by the OBLIGEE as permitted by the CONTRACT DOCUMENTS, shall not release, in any manner whatsoever, the PRINCIPAL and the SURETY, or either of them, or their heirs, executors, administrators, successors and assigns, from liability and obligations under this BOND; and the SURETY for value received, does waive notice of any such alterations, changes, additions, extensions of time, acts of forbearance and/or reduction of retained percentage. If the PRINCIPAL is a foreign corporation (incorporated under the laws other than those of the Commonwealth of Pennsylvania) then further terms and conditions of this BOND are and shall be that the PRINCIPAL or the SURETY shall not be discharged from liability on this BOND, nor this BOND surrendered until such PRINCIPAL files with the OBLIGEE a certificate from the Pennsylvania Department of Revenue evidencing the payment in full of all bonus taxes, penalties and interest, and a certificate from the Bureau of Employment and Unemployment Compensation of the Pennsylvania Department of Labor and Industry, evidencing the payment of all unemployment compensation, contributions, penalties and interest due the Commonwealth from said PRINCIPAL or any foreign corporation, SUBCONTRACTOR thereunder or for which liability has accrued but the time for payment has not arrived, all in accordance with provisions of the Act of June 10, 1947, P.L 493, of the Commonwealth of Pennsylvania. In Witness Whereof, the PRINCIPAL and the SURETY cause this BOND to be signed, sealed and delivered this _________ day of _____________, 20 __.

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(INDIVIDUAL PRINCIPAL) __________________________(Seal) (Signature of Individual) Witness: _______________________________ Trading and Doing Business as: _______________________________

(PARTNERSHIP PRINCIPAL) ________________________ (Seal) (Name of Partnership) Witness: ____________________________ Witness: ____________________________ Witness: ____________________________ Witness: ____________________________ By: _____________________(Seal) (Partner) By: _____________________(Seal) (Partner) By: _____________________(Seal) (Partner) By: ____________________(Seal) (Partner)

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(CORPORATION PRINCIPAL) Attest: ________________________________ (Secretary) ______________________________ (Name of Corporation) By: _______________________________ (President/Vice President) (CORPORATE SEAL) or (if appropriate) ______________________________ (Name of Corporation) By: _______________________________ Authorized Representative

*Attach appropriate proof, dated as of the same date as the Bond, evidencing authority to execute in behalf of the corporation.

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Signed ______________________________ ____________________________________ (Title) Subscribed and sworn to before me on this ___ day of ___________, 20 ___ ___________________________________ ___________________________________ (Title) My commission expires: ____________________________________ (CORPORATION SURETY) ______________________________ (Name of Corporation) By: __________________________ ** (Attorney-in-fact Witness: _____________________________________ (Corporate Seal)

**Attach an appropriate power of attorney, valid and in effect as of the date of this affidavit, evidencing the authority of the Attorney-In-Fact to act in behalf of the corporation.

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